Answer: Technically YES
What is “Concurrent H1B”?
A “concurrent H1B” means you hold multiple H1Bs and work for multiple employers at the same time. Yes, you can do that! Each employer must file a separate H1B petition for you, and meets all H1B requirements, including paying you the prevailing wage.
Limitations on number of hours:
As a general rule, an H1B petition can be either part-time or full-time. “Full-time” generally means 40 hours per week, unless the company’s normal full-time employment is less than that. But a full-time employment cannot be less than 35 hours per week. On the other hand, “part-time” means anything less than “full-time.” However, there is no specified minimum hour requirement for a part-time H1B. Does this mean you can stay in the U.S. under H1B and work only 5 hours per week? Probably not. Even if your sponsoring company is willing to file such H1B for you, the USCIS will question your ability to pay for your living, and will probably doubt whether you are taking on other unauthorized employment. Therefore, the hours should be within a reasonable range, typically 15-30 hours per week.
Typical and atypical concurrent H1Bs:
A typical situation is where a person has one full-time H1B and one part-time H1B, or two part-time H1Bs. However, there is no maximum number of hours one can work under immigration law. Therefore, technically, you can have two full-time H1Bs. But physically, you may not want to work 80+ hours a week.
Timing of filing for the 2nd H1B and working for the 2nd employer:
If you are currently on H1B status, you can file your 2nd H1B as soon as your 2nd employer is ready to file the petition for you. Then you can start working for the 2nd employer as soon as they file the H1B petition for you. This is based on H1B Portability rule. Therefore, you won’t need to use extra money for the Premium Processing. However, remember that you can work under the portability rule only for up to 240 days. If for some reason your 2nd H1B petition is not approved within 240 days from the date of filing, you need to stop working for the 2nd employer until the petition is approved, otherwise it will turn into an unauthorized employment.
Lastly, a little tip outside of immigration law:
When you file for a concurrent H1B, make sure you are not violating the “non-compete” clause in your employment agreement by working with multiple employers in the same field, especially if they are competitors. When in doubt, talk to your employers to avoid any potential lawsuit against you.
Good luck to hard working H1B holders!